1. Removal from service — Dispute over effective date of removal and payment of back wages. (Para 1 )
Back
Next 
1996 Supreme(SC) 1923
1996(8) Supreme 94
SUPREME COURT OF INDIA
J.S. Verma and B.N. Kirpal, JJ.
Life Insurance Corporation of India & Ors. -Appellants
versus
The Central Industrial Tribunal, Jaipur & Ors. -Respondents
Civil Appeal No. 8418 of 1994
Decided on 18-11-1996
Counsel for the Parties :
For the Appellants : Harish N. Salve, Sr. Advocate, Kailash Vasdev, K.K. Sharma, Ms. Meenakshi Sakhardande, C.K. Sasi, Advocates.
For the Respondents : M.N. Krishnamani, Sr. Advocate and Sudarsh Menon, Advocate.
Important Points
IMPORTANT POINT
The Order of removal from service operates from the date when it was made by the employer and not from any subsequent date.
The Order of removal from service operates from the date when it was made by the employer and not from any subsequent date.
Subject
Employment Law - Termination of Employment
Act Referred
LABOUR LAW: .
Headnote
LABOUR LAW-Order of removal from service-Operates from the date when it was made by the employer and not from any subsequent date-Direction made in impugned judgment for payment of wages to deceased workman from date of order to date of his death-Not sustainable-Amount of Rs. 50,000/- paid to heirs of deceased workman under interim order of Court not required to be refunded to employer-R. Thiruvirkolam s case : Relied on. (Para 1)
Legal Category Hierarchy
-
labor and industrial law
-
employment
-
termination of service
- effective date of removal (Para 1)
-
termination of service
-
employment
Table of Contents
2. Whether an order of removal from service operates from the date of issuance or a subsequent date. (Para 1 )
3. The court held that the removal order operates from the date it was made by the employer. (Para 1 )
4. An order of removal from service operates from the date it is made by the employer. (Para 1 )
5. Appeal allowed — Direction for payment of wages set aside — Interim payment not required to be refunded. (Para 1 , 2 )
6. When does an order of removal from service operate?
An order of removal from service operates from the date it is made by the employer. (Para 1 )
ORDER
The point involved in this case is the same as in Civil Appeal No. 54 of 1993, R. Thiruvirkolam v. The Presiding Officer & Anr.1 For the reasons given by us in the judgment delivered today in R. Thiruvirkolam, it must be held that the order of removal from service in the present case operates from December 12, 1969 when it was made by the employer and not from any subsequent date. The direction made in the impugned judgment for payment of wages to the deceased workman from December 12, 1969 to December 7, 1987, the date of his death is, therefore, set aside. However, the amount of Rs. 50,000/- paid to the heirs of the deceased workman under the interim order of the Court is not required to be refunded by them to the employer.
2. Consequently, the appeal is allowed in the above terms. No. costs.
Appeal allowed accordingly.
*******
